Title
Amendment No. One to Agreement for Lease of Submerged Public Trust Lands with San Pedro Bait Co. for Seasonal Operation of a Live Bait Barge in Newport Harbor
Recommendation
a) Determine this action exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and Section 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because this action will not result in a physical change to the environment, directly or indirectly;
b) Authorize the City Manager and City Clerk to execute Amendment No. One to Agreement for Lease of Submerged Public Trust Lands with San Pedro Bait Co., for seasonal operation of a live bait barge in Newport Harbor and use of City-managed submerged public trust lands, in a form substantially similar to the agreement attached to the staff report; and
c) Approve a waiver of City Council Policy F-7 - Income and Other Property based on the findings contained in this staff report and the Agreement, that conducting an open bid process or changing the tenant would result in excessive vacancy, and the use of the property provides an essential or unique marine related service to the community and is of a public benefit, and might not otherwise be provided were an open bid be required.